Supreme Court Strikes Down Federal Definition of “Crime of Violence.”
We at NPSC have already received many inquiries about the impact of yesterday’s Supreme Court decision Sessions v. Dimaya which can be found here. There is the potential that Dimaya can have a significant impact on many federal inmates who have had their sentence enhanced or a conviction based upon allegedly having committed a “crime of violence” as defined by 18 U.S.C. §16(b) or 18 U.S.C. §924(c). Clearly, defendants who have not yet been sentenced or whose sentences are not yet final or have an appeal pending may be able obtain significant benefit from the application of Dimaya.For other federal inmates where Dimaya may have a beneficial effect may need to secure counsel and file a §2255 petition. It is advised that no one should file a petition pro se as such matters are very complicated and skilled counsel will give the federal inmate the best chance of reducing their sentence. Such inmates may also want to contact the appropriate Office of the Federal Public Defender for assistance and guidance. Feel free to contact NPSC at 615-696-6153 or at firstname.lastname@example.org for more information or for a referral to private legal counsel with experience in such matters.